6245 - Laserfiche WebLink

Home Browse Search

III. Grant of Franchise A. Grant of Franchise. The City may grant one or more cable television Franchises containing such provisions as are reasonably necessary to protect the public interest, and each such Franchise shall be awarded in accordance with and subject to the provisions of this Ordinance. This Ordinance may be amended from time to time, and in no event shall this Ordinance be considered a contract between the City and a Franchisee such that the City would be prohibited from amending any provision hereof; provided, no such amendment shall in any way impair any contract right or increase obligations of a Franchisee under an outstanding and effective Franchise except in the lawful exercise of the City's police power. B. Franchise Required. No Person may construct, operate, or maintain a Cable System or provide Cable Service over a Cable System within the City without a Franchise granted by the City authorizing such activity. No Person may construct, operate, or maintain communications facilities or provide other communications services over such facilities within the City without authorization from the City. No person may be granted a Franchise without having entered into a Franchise Agreement with the City pursuant to this Ordinance. For the purpose of this provision, the operation of part or all of a Cable System or other communications facilities within the City means the use or occupancy by facilities of Public Right-of-Ways within the City whether or not any Subscriber within the City is served. A System or other communications facilities shall be deemed as using or occupying Public Right-of-Ways even though such use or occupancy is solely by reason of use of distribution facilities furnished by a telephone or other company pursuant to tariff or contract. A System or other communications facilities shall not be deemed as operating within the City of a microwave or similar relay, interconnection or program origination facility not involving the use or occupancy of Public Right-of-Ways shall not be deemed operation within the City. In all respects, Franchise Agreements shall be issued so as to provide equal protection under the law and to prevent unlawful disparate treatment of Persons which operate or construct Cable Systems or provide Cable Services or other communication services over a Cable System. C. Length of Franchise. No Franchise shall initially be granted for a period of more than twenty (20) years o'r less than four (4) years, except that a Franchisee may apply for renewal or extension pursuant to this Ordinance.